Live Seminar

How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)



Tuesday, July 31, 2018


9:00 AM - 4:30 PM

Product ID#:



Courtyard Scranton Wilkes-Barre

16 Glenmaura National Boulevard

Scranton, PA 18507


$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NJ CLE - 7.20
  • NY CLE - 7.00
  • PA CLE - 6.00


  • NALA - 6.00
  • NFPA

Program Description

A Practical How-to Guide for Turning ESI into Evidence and Getting it Admitted

With all of the changes surrounding social media and email, it's critical to get up to speed on the latest rules, procedures and case law. This full-day, cutting-edge course will walk you through state processes, procedures and the latest case law while equipping you with handy how-to's, sample screen shots, real world examples and shortcuts along the way. Expert attorney faculty, who know the ins and outs of these groundbreaking new forms of evidence, will provide practical tech advice that you can actually understand and start using right away. From email to Facebook, Twitter and Snapchat, to YouTube, Pinterest and video surveillance, this comprehensive ESI guide will give you invaluable insight into proven ways for identifying, preserving, producing, admitting and blocking ESI. Register today!

  • Recognize key social media, email and text evidence and traverse obstacles to ensure relevancy, authenticity and that the best evidence rule is satisfied.
  • Examine the latest rules, case law and procedures regarding the admission of email evidence.
  • Identify common spoliation pitfalls, sanctions and defensible legal hold hurdles.
  • Find out critical mistakes attorneys make when collecting Facebook and LinkedIn evidence.
  • Gain an in-depth understanding of metadata, how to scrub it, remove it from documents and produce responsive, non-privileged ESI with appropriate metadata and OCR.
  • Skillfully obtain ESI from smartphones, third parties, flash drives and external hard drives.
  • Learn how to effectively work with social media companies to obtain deleted information.
  • Apply business record and excited utterance hearsay exceptions to email, text messages and more.
  • Learn proven methods for testing ESI, including comparison, hash tags, encryption and metadata.

Who Should Attend

This intermediate level legal program is designed for attorneys. Paralegals may also benefit.

Course Content

  1. Top Admission Mistakes Made with ESI
  2. What to Look for, Where to Find it and What to do With it: Email, Social Media, Texts and Video
  3. Applying Hearsay Exceptions and Overcoming Relevancy Issues
  4. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
  5. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
  6. Real-World Examples, Handy How-to's and Sample Screen Shots
  7. Legal Ethics and ESI

Continuing Education Credit

Continuing Legal Education

Credit Hrs State
CLE 7.20 -  NJ*
CLE 7.00 -  NY*
CLE 6.00 -  PA*

National Association of Legal Assistants, Inc. – NALA: 6.00 *

National Federation of Paralegal Associations, Inc. – NFPA

* denotes specialty credits

Agenda / Content Covered

  1. Top Admission Mistakes Made with ESI
    9:00 - 9:45, Ronald L. Hicks Jr.
    1. Preparation, Coordination and Submission
    2. Weighing the Duty to Mitigate with the Duty to Hold Evidence for Trial
    3. Duty to Produce and Preserve
    4. Spoliation Pitfalls
    5. Sanctions and Proportionality
    6. Protective Orders, Production and Privilege Logs
    7. Defensible Legal Holds
    8. Citing Online Content Properly
    9. Privileged ESI That is Discoverable (Exceptions)
    10. Clawback Agreements
    11. Making Email Evidence Usable in the Courtroom
  2. What to Look for, Where to Find it and What to do With it: Email, Social Media, Texts and Video
    9:45 - 10:45, Andrew W. Barbin
    1. Types of Data, Production Specifications and Formats - in Detail
    2. Obtaining Evidence: Smartphones, PCs and Tablets, Third Parties, Flash Drives and External Hard Drives, Cloud Storage
    3. Using Apps on Your Client's Smartphone to Collect Evidence
    4. Predictive Coding Do's and Don'ts
    5. Metadata Explained
      1. Defining Different Types and Formats
      2. Metadata Landmines to Avoid
      3. "Scrubbing" Metadata to Remove it From Documents
      4. Producing Responsive, Non-Privileged ESI With Appropriate Metadata and OCR
    6. Working with and Subpoenaing Social Media Companies
    7. Facebook's Archive Feature
    8. Using Friending/Following to Obtain Info
    9. What Can Be Done if the Account's Been Closed?
    10. Obtaining Deleted Data
    11. Processing, Review and Production Pitfalls
  3. Applying Hearsay Exceptions and Overcoming Relevancy Issues
    11:00 - 12:00, Andrew W. Barbin
    1. Is Computer-Generated and Cell Phone Information Hearsay?
    2. Adhering to the Hearsay Rule
    3. Applying Hearsay Exceptions to Email, Text and Social Media
    4. Relevancy Hurdles
    5. How to Avoid Privilege Pitfalls
  4. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
    1:00 - 1:45, Andrew W. Barbin
    1. Proactively Ensuring Authenticity of ESI
    2. Has the ESI Changed? What Evidence is Needed to Prove it Hasn't?
    3. How to Prove Electronic Documents Have Not Been Modified
    4. Have the Systems Been Altered? How to Prove Reliability
    5. Identifying Who Made the Post and Linking to the Purported Author
    6. Is the Evidence What the Proponent Claims?
    7. Does the ESI have Distinctive Characteristics?
    8. Examination of Circumstantial Evidence
    9. State Interpretation of Federal Rule 901
    10. Prima Facie Demonstration
    11. Proven Methods for Testing ESI (Comparison, Control, Hash Tags, Encryption and Metadata)
    12. Self-Authentication Methods
    13. Real-Life Examples and Recent Case Law
  5. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
    1:45 - 2:30, Andrew W. Barbin
    1. What Kind of Expert do You Need?
    2. Where do You Find Them?
    3. How do You Ensure They Translate Code Jargon into English?
    4. When do You Need Them?
      1. In Limine Hearings to Avoid Juror Irritation
      2. Judicial Preferences
      3. When Should a Jury Hear from an IT Expert and for What
  6. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:45 - 3:30, Ronald L. Hicks Jr.
    1. Preservation, Spoliation and Authentication Obstacles
    2. Facebook, Twitter, LinkedIn and Tumblr
    3. Emails (Work-Related and Personal)
    4. Video Surveillance (Private and Public)
    5. Computerized Versions of Contracts and Other Documents
    6. Text Messages and Voicemail
    7. Chats and Instant Messages
    8. YouTube
    9. Instagram, Pinterest and Snapchat
  7. Legal Ethics and ESI
    3:30 - 4:30, Ronald L. Hicks Jr.
    1. Duties Owed to Clients, Opposing Counsel and the Courts
    2. ESI Issues to Address in the Courtroom
    3. Privilege Waivers
    4. Searching Social Networking Sites
    5. Personal Privacy Concerns Arising From Modern Database Searches
    6. Ethical Duties When Mining Metadata

ANDREW W. BARBIN is the sole shareholder of the firm Andrew W. Barbin, P.C., in Mechanicsburg. He focuses his practice in the areas of employment, defamation, construction, general business law, ethics matters and complex litigation. Mr. Barbin also provides litigation support services to general practice attorneys in complex matters statewide. He is admitted to practice in the state and federal courts of Pennsylvania and Ohio; before the Third Circuit Court of Appeals; and has appeared pro hac vice in the courts of California, New York, New Jersey, and Maryland. Mr. Barbin earned his B.A. degree from the University of Richmond and his J.D. degree from the University of Akron in Ohio.

RONALD L. HICKS JR. is a partner with the Pittsburgh firm of Meyer Unkovic & Scott LLP. He is a seasoned trial lawyer who handles emergency, complex and appellate litigation matters for his clients. For the past 30 years, Mr. Hicks has handled a variety of business and civil disputes, including claims for misappropriation of trade secrets and intellectual property; breach of restrictive covenants and unfair competition; fraud and estate/fiduciary liability; breach of contract; insurance coverage; fraudulent transfers, creditors’ rights and bankruptcy; real estate and oil and gas title disputes; telemarketing and on-line marketing; and election and political campaign law. He also counsels clients on various business matters including entity formation and operation; contract review and drafting; purchase and sales agreements; creation and implementation of web site and social media policies and practices; and intellectual property matters including trademarks, copyrights, trade secrets, and warranty/privacy issues. Mr. Hicks is vice-chair of the firm’s litigation and dispute resolution group and chair of its energy and mineral rights group. He serves on the Board of Governors of the Allegheny County Bar Association and is a member of the Academy of Trial Lawyers of Allegheny County and the Pennsylvania, American and National LGBT bar associations. Mr. Hicks has been named by his peers to The Best Lawyers® for commercial, bankruptcy, construction, intellectual property and real estate litigation, and has been selected for inclusion in Pennsylvania Super Lawyers®. He earned his B.A. degree, with distinction, from Pennsylvania State University and his J.D. degree from Wake Forest University School of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890


Accreditation Details:

Continuing Legal Education

NJ CLE: 7.20 Includes - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.

NY CLE: 7.00 Includes - Areas of Professional Practice: 6.00, Ethics: 1.00
This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and 1.0 hour can be applied toward the ethics and professionalism requirement. This live format program is appropriate for experienced attorneys.

PA CLE: 6.00 Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board for a total of 6.0 hours, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse CLE credit.

National Association of Legal Assistants, Inc.

N LA: 6.00 Includes - Ethics: 1.00
This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.0 hours, including 1.0 ethics, of continuing legal assistant education credit required to maintain the CLA (Certified Legal Assistant) credential.

National Federation of Paralegal Associations, Inc.

NBI, Inc. is a NFPA approved CLE provider.

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How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702